Air & Waste Management Association Pacific Northwest International Section. RCRA Fundamentals (What Generators Need to Know) October 27, 2014

Transcription

1 Air & Waste Management Association Pacific Northwest International Section RCRA Fundamentals (What Generators Need to Know) October 27, 2014 Jeffrey Hunter

2 Overview RCRA Generator Requirements Other Types of Waste Enforcement Case Examples Best Practices and Practical Steps

3 Resource Conservation and Recovery Act (RCRA) Governs the generation, transportation, treatment, storage and disposal of hazardous waste Federal statute has been delegated to most states. State versions of RCRA must be at least as stringent as the federal version States generally implement and enforce their own RCRA programs, but EPA retains enforcement authority

4 What are Regulated Hazardous Wastes? Listed waste (F, K, P & U Lists) Process/product specific Mixture rule - any material that comes in contact with a listed waste is also a hazardous waste, including: "Derived from" rule: any waste generated from the treatment, storage, or disposal of a listed waste is also a hazardous waste "Contained in" rule: environmental media that contain listed wastes are automatically considered hazardous waste Characteristic waste Ignitable, corrosive, reactive or toxic Discarded containers that contain listed/characteristic waste that are not "RCRA empty" Universal wastes batteries, mercury-containing devices

5 Empty Containers To not be regulated, containers must be "RCRA Empty" All material that can be removed using normal practices has been removed AND No more than one inch of residue remains in the bottom OR <3% by weight of total capacity of container remains for container < 110 gallons or <0.3% if container is >110 gallons WHICHEVER IS LESS If not "RCRA Empty" container must be handled and disposed as a hazardous waste "RCRA Empty" containers may be re-used on site, recycled back to the vendor or sent to drum reclaimer

6 Generator Requirements Under RCRA

7 Generator Requirements Identify hazardous wastes Determine generator status Obtain EPA generator ID number (for LQGs and SQGs) Accumulation comply with times and limits Properly store, label and inspect waste Establish a contingency plan Prepare waste for transport Train personnel Comply with recordkeeping and reporting requirements Comply with Land Disposal Requirements (LDRs) Prepare Waste Minimization Plan

8 Identify Hazardous Wastes A person who generates solid waste has a continuing duty to determine whether such solid waste is a hazardous waste Materials cannot be classified as hazardous wastes unless they first meet the definition of a solid waste Solid waste is any "discarded" material that is not otherwise excluded from regulation or subject to variance Materials are "discarded" when they are abandoned, recycled or identified in the regulations as wastes

9 Determine Generator Status Large Quantity Generators (LQGs) 2,200 lbs (1,000 kg) or more of hazardous waste per month More than 1kg of acute waste per month Small Quantity Generators (SQGs) >220 lbs (100 kg) but < 2,200 lbs (1,000 kg) per month Conditionally Exempt Small Quantity Generators (CESQGs) 220 lbs (100 kg) or less per month

10 Accumulation Times LQGs: 90 days (if part of the Performance Track Program can store up to 180 days, or 270 days if greater than 200 miles) SQGs: 180 days, or 270s if greater than 200 miles CESQGs: (no accumulation time limit)

11 Accumulation Limits LQGs: No limit SQGs: 6,000 kg CESQGs: 1,000 kg

12 Satellite Accumulation Can accumulate (over any time) as much as 55 gallons of hazardous waste or one quart of acute hazardous waste Accumulation must be "at the point of generation and under the control of operator" Container must be labeled as "Hazardous Waste" or with words to identify the contents Container must be kept closed except when adding/removing waste Container must be in good condition and compatible with waste Must date satellite container when full, and move to hazardous waste storage area within 3 days

13 Properly Store, Label & Inspect Waste Hazardous waste containers must be in good physical condition and kept closed unless adding/removing waste Hazardous Waste Storage Areas Must have emergency communication system, secondary containment and spill response equipment nearby Adequate aisle space between containers to respond to an emergency & remove the container quickly Containers need to be positioned to so labels can be easily read Maintain inspection reports for at least 3 years

14 Properly Store, Label & Inspect Waste (cont.) Storage Requirements: LQGs: Full compliance for management of tanks, containers, drip pads, or containment buildings SQGs: Basic requirements with technical standards for tanks or containers CESQGs: None

15 Contingency Plan Develop and implement a contingency plan (can be added to SPCC) LQGs: Full Plan Required SQGs: Basic Plan Required CESQGs: Not Required Plan must be posted, shared with local first responders, and used in the event of fire, explosion, or release of hazardous waste Include emergency procedures under 40 CFR

16 Prepare Waste for Transport Package and label waste per DOT regulations and 40 CFR A Uniform Hazardous Waste Manifest (EPA Form ) must accompany all hazardous waste shipments (not CESQGs) Ensure manifest is complete and accurate prior to shipping Ensure transporter has obtained its own EPA generator ID # The transporter and the permitted facility that treats or disposes of hazardous waste must sign the manifest and return a copy within 35 days DOT Transport Requirements: Yes for LQGs, SQGs and CESQGs (if required)

17 Train Personnel For those employees who handle hazardous waste: Conduct initial RCRA/DOT training within 6 months of hiring and refresh annually LQGs: Required SQGs: Basic training required CESQGs: Not required For those employees who don't handle hazardous wastes: Ensure non-handlers are aware of the presence of hazardous waste and those employees who are authorized to handle waste and respond to emergencies Designate and train emergency coordinator Keep accurate training records for all trained personnel for at least 3 years following employee departure

18 Recordkeeping and Reporting Requirements Submit biennial report to EPA (Due March 1 of each even numbered year) for LQGs only, SQGs and CESQGs not required Retain copies of all manifests for 3 years; replace with signed copy from disposal facility upon receipt File exception report to EPA when signed manifest is not received within 35 days of acceptance by transporter. Keep accurate training records for all trained personnel for at least 3 years following employee departure Keep inspection reports for 3 years

19 Generator Land Disposal Requirements ("LDR") Obligations Determine if waste is subject to LDRs Determine applicable waste codes as per definition of hazardous waste Compare concentrations to applicable treatment standards Including Underlying Hazardous Constituents (UHCs) where appropriate Ensure prohibitions are not violated Maintain required documentation

20 Waste Minimization By signing a manifest, you certify that your facility has in place a Waste Minimization Program Goals of Waste Minimization Program: Reduce Volume and Reduce Toxicity

21 Elements of a Hazardous Waste Minimization Program Top management support Characterization of all waste generation and waste management costs Periodic waste minimization assessments Cost allocation system Program implementation and evaluation

22 Recycling Recycling is a component of a successful waste minimization program. Consider recycling the following waste streams: Cardboard Aluminum cans Plastic Glass Paper (shredded and then recycled) Scrap metal

23 Other Types of Waste

24 Universal Waste "A specific sub-category of hazardous wastes for which the waste management requirements are streamlined" Universal wastes have special controls to facilitate treatment/recycling

25 Universal Waste: Considerations Universal Waste Small Quantity Handler: <5,000 kg total at any time Large Quantity Handler: 5,000 kg total at any time Disposal within one year after waste is first added to container no satellite accumulation

26 What is E-Waste? "Used electronics that are nearing the end of their useful life, and are discarded, donated or given to a recycler" Generally, most e-waste in the U.S. is either: Non hazardous waste Non waste There is currently no Federal mandate to recycle e-waste

27 E-Waste: Generator Requirements Large Quantities Small Quantities Sent for Disposal Exempt

28 RCRA Enforcement

29 Agency Enforcement Actions Enforcement actions can include: Civil Administrative: informal or formal Civil Judicial Criminal Citizen Suit Possible Results: Penalties Costs or Damages Injunctive Relief Period of Supervision for Criminal Imprisonment Suspension, Debarment, Disqualification Government Contracts

30 Administrative Actions Informal Notice of violation Formal Orders to conduct monitoring, analysis, testing Corrective action orders Compliance orders Orders for imminent hazards Penalties: $37,500/day per violation Federal $25,000/day per violation State (varies)

31 Civil Actions Injunction to conduct monitoring, testing, and analysis Injunction to address violations that pose an imminent or substantial endangerment to health or the environment Civil penalties for violation of a compliance order Revocation or suspension of facility permit Federal penalty up to $37,500 per violation, per day

32 Criminal Actions Knowingly transports waste to a non-permitted facility Knowingly treats, stores or disposes of waste without a permit or in violation of a permit or interim status standards Knowingly omits information from or makes a false statement on a label, manifest, report, permit, or compliance document Knowingly generates, stores, treats or disposes of waste without complying with recordkeeping and reporting requirements Knowingly transports waste without a manifest Knowingly exports waste without the consent of the receiving country Knowingly stores, treats, transports, disposes, or handles used oil in violation of permit or regulations Knowingly transports, treats, stores, disposes, or exports waste in a way that places another person in imminent danger of death or serious bodily injury

33 Criminal Penalties Criminal: Generally: $50,000/day Up to 2 years imprisonment/5 years for (1) or (2) Alternative Fines for Knowing Endangerment: $250,000/day Individuals 15 years' imprisonment $500,000/day to $1 million/violation Corporations Possible Suspension, Debarment or Disqualification

34 "Knowing" Violations Low Bar Does not require the prosecution to prove a specific intent to violate the law Circuit courts agree that "knowingly" does not extend to knowledge of RCRA's provisions or that the substances handled are hazardous wastes Defendant must have knowledge of what was being handled and most circuit courts agree that a defendant must know that the material handled had the potential to be harmful to the environment or the public

35 State As Primary Enforcer Oregon, Washington and Idaho have independent and delegated authority under RCRA Oregon, Washington and Idaho initiate an action with a notice of violation and an administrative order assessing civil penalties A recipient can appeal to the state administrative forum and then to the state court system EPA may still concurrently initiate enforcement or overfile

36 Case Examples

37 Case Examples Wal-Mart Stores, Inc. Settlement Civil and criminal actions for alleged violations of CWA, RCRA, and FIFRA Cases filed by DOJ (on behalf of EPA), California and Missouri Alleged failure to implement programs and train employees in proper hazardous waste management and disposal Alleged improper disposal of discarded solvents, detergents, paints, aerosols, cleaners and pesticides in sinks and municipal trash bins

38 Case Examples (cont.) Wal-Mart Stores, Inc. Settlement CWA $40 million criminal penalty $20 million payment for community service $6 million payment to open Retail Compliance Assistance Center to educate others about proper hazardous waste disposal FIFRA $11 million criminal penalty $3 million payment to Hazardous Waste Program RCRA $7.6 million civil penalty Total: over $80 million in penalties

39 Case Examples (cont.) Dept. of Toxics Substance Control v. FedEx Ground June 26, 2014: DTSC files complaint against FedEx Ground alleging more than 1,5000 instances that resulted in multiple violations of California's hazardous waste control laws FedEx Ground unlawfully received, stored and transported hazardous waste without proper registration or use of a hazardous manifest Materials included: acids, solvents, insecticides, batteries and other flammable, toxic or corrosive materials If proven, civil penalties of up to $25,000 for each separate violation. Potential penalties of up to $37,500,000

40 Case Examples (cont.) DTSC v. Lowe s Home Centers April 2, 2014 Lowe s Home Centers pays $18.2 million as part of a settlement of a civil environmental prosecution $12.9 million in civil penalties and costs $2.1 million will fund supplemental environmental projects $3.2 million to fund waste minimization projects More than 118 stores unlawfully handled and disposed of hazardous wastes over a 6.5 year period At some stores, employees were unlawfully throwing away batteries and compact fluorescent light bulbs that customers had turned in to be recycled

41 Case Examples (cont.) Home Depot Settlement August 18, 2007: Home Depot pays nearly $10 million to settle a civil case filed in California Case stems from an explosion of a 55-gallon drum that caused a fire Investigators discovered Home Depot s failure to properly store and transport hazardous sludge

42 Best Practices to Avoid Enforcement

43 Survival is Best Arranged in Advance: Prepare Be "inspection ready" You cannot "prepare" when officers arrive Regular environmental and other audit programs Strong company policy on environmental performance and other compliance, including: prompt reporting of noncompliance events expeditious corrective actions when needed Manual and wallet cards with key points and numbers

44 Ongoing Prerequisites to Survival Train company personnel Policy re "drop-ins and ambushes" Bullet list of who to do what/who to call How to answer: honestly but carefully and do not guess Anticipate press interest Develop plan Select and announce spokesperson Prepare safety orientation Anticipate documentation needs Assign corrective action response team

45 Develop "Ground Rules" for Agency Inspections Request a schedule of activities Bring requested records/documents to the inspector if possible/allowed Key staff must accompany inspectors for all field work, records reviews and participate in all field inspections Recognize that you may have to ask for a short "time out" to consult legal counsel Ask for entry and exit briefings

46 Assignment of Correction Action Response Team Preassign responsibility for correcting any (potential) violations Remedy violations immediately if possible and inform inspectors as soon as possible Where remedies require long time frames, begin efforts immediately

47 Reduce or Avoid Risks with Internal Compliance Audits! Use a regular audit program to review operations and permitting Do so through attorney/client and state privileges

48 Questions? Jeff Hunter